S.L. 437.43 Art. 3Recognition of formal qualifications fulfilling regulation 4 and acquired rights.

(1) The Council shall recognise the diplomas, certificates and other evidence of formal qualifications awarded to citizens of

Member States by a competent authority in accordance with regulation 4 and as listed in Schedule I, by giving such qualifications, as regards the right to take up and pursue the activities of a veterinary surgeon, the same effect in Malta as those awarded by the Council itself. Where a diploma, certificate or other evidence of formal qualifications, namely the State examination certificate in Veterinary medicine awarded by the competent authority on the basis of the findings of the competent State examining board, was issued before the implementation of European Union Council Directive 78/1027/EEC in the Member State in question, the said required qualifications shall be accompanied by a certificate from the authorities concerned in the issuing country. This shall state that it complies with article 1 of European Union Council Directive 78/1027/EEC.

(2) In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications do not satisfy all the minimum training requirements laid down in article 1 of European Union Council Directive 78/1027/EEC, in the Member State in question, Malta shall recognise, as being sufficient proof, the diplomas, certificates and all other evidence of formal qualifications in veterinary medicine awarded by those Member States before the implementation of European Union Council Directive 78/1027/EEC, accompanied by a certificate stating that those nationals have effectively and lawfully been engaged in the activities in question for at least three (3) consecutive years during the five (5) years prior to the date of issue of the certificate.

(3) Veterinary diplomas which are awarded to nationals of Member States by Member States and which do not satisfy all the minimum training requirements laid down in Article 1 of European Union Council Directive 78/1027/EEC shall be treated as diplomas satisfying these requirements if -

(a) there is evidence of training which was completed before the implementation of the said Directive -

(i) for Belgium, Denmark, Germany, France, Ireland, Luxembourg, the Netherlands and the United Kingdom: 21st December 1980;

(ii) for Greece: 1st January 1981;

(iii) for Italy: 1st January 1985;

(iv) for Spain and Portugal: 1st January 1986;

(v) for Austria, Finland, Sweden, Norway and Iceland: 1st January 1994;

(vi) for Liechtenstein: 1st May 1995;

(vii) for Switzerland: 1st June 2002;

(viii) for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Poland, Slovakia and Slovenia: 1st of May 2004;

(b) or, there is evidence of training which was completed after but which was commenced before the implementation of the said Directive and, in each case, if -

(i) they are accompanied by a certificate stating that their holders have been effectively and lawfully engaged in the activities in question in a Member State for at least three consecutive years during the five years preceding the award of the certificate.

(c) The Council shall examine the other cases of nationals whose veterinary diplomas attest to training received on the territory of particular States in particular time or before this State becomes a Member State.

(d) In consideration of the transitional measures given to Italy under article 1(5) of European Union Council Directive 78/1027/EEC, Malta is authorised to require of holders of diplomas, certificates or other evidence of formal qualifications as veterinary surgeon awarded by Italy following training commenced before 1st January 1985 that their diplomas, certificates and other evidence of formal qualifications be accompanied by a certificate stating that they have effectively and lawfully been engaged in the activities of veterinary surgeon for at least three (3) consecutive years during the five (5) years prior to the date of the issue of the certificate, unless the said diploma, certificate or other evidence of formal qualifications is accompanied by a certificate issued by the competent Italian authorities stating that it attests to training in full compliance with the provisions of article 1(5) of European Union Council Directive 78/1027/EEC and the Annex to the said Directive.

(e) In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in veterinary medicine were awarded by, or whose training started in former Czechoslovakia before 1st January 1993, Malta shall recognise those veterinary diplomas, certificates and other evidence of formal qualifications as being sufficient proof when the authorities of the Czech Republic attest that those qualifications have, on its territory, and the same legal validity as Czechoslovakia qualifications in veterinary medicine as regard access to the veterinary profession and practice thereof. Such attestation shall be accompanied by a certificate issued by the same authorities stating that those Member States’ nationals have effectively and lawfully been engaged in the activity in question in the territory of the Czech Republic for at least three (3) consecutive years during the five (5) years prior to the date of issue of the certificate.

(f) In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in veterinary medicine were awarded by, or whose training started in, the former Soviet Union before the 20th August 1991, Malta shall recognise those veterinary diplomas, certificates and other evidence of formal qualifications as being sufficient proof when the authorities of the Republic of Estonia attest that those qualifications have, on its territory, the same legal validity as Estonian qualifications in veterinary medicine as regards access to the veterinary profession and practice thereof. Such attestation shall be accompanied by a certificate issued by the same authorities stating that those Member States’ nationals have effectively and lawfully been engaged in the activity in question in the territory of the Republic of Estonia for at least five (5) consecutive years during the seven (7) years prior to the date of issue of the certificate.

(g) In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in veterinary medicine were awarded by, or whose training started in, the former Soviet Union before the 21st August 1991, Malta shall recognise those veterinary diplomas, certificate and other evidence of formal qualifications as being sufficient proof when the authorities of Latvia attest that those qualifications have, on its territory, the same legal validity as Latvian qualifications in veterinary medicine as regards access to the veterinary profession and practice thereof. Such attestation shall be accompanied by a certificate issued by the same authorities stating that those Member States’ nationals have effectively and lawfully been engaged in the activity in question in the territory of Latvia for at least three (3) consecutive years during the five (5) years prior to the date of issue of the certificate.

(h) In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in veterinary medicine were awarded by, or whose training started in the former Soviet Union before 11th March 1990, Malta shall recognise those veterinary diplomas, certificates and other evidence of formal qualifications in veterinary medicine as being sufficient proof when the authorities of Lithuania attest that those qualifications have, on its territory, the same legal validity as Lithuanian qualifications in veterinary medicine as regards access to the veterinary profession and practice thereof. Such attestation shall be accompanied by a certificate issued by the same authorities stating that those Member States’ nationals have effectively and lawfully been engaged in the activity in question in the territory of Lithuania for at least three (3) consecutive years during the five (5) years prior to the date of issue of the certificate.

(i) In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in veterinary medicine were awarded by, or whose training started in, the former Czechoslovakia before the 1st January 1993, Malta shall recognise those veterinary diplomas, certificates and other evidence of formal qualifications in veterinary medicine as being sufficient proof when the authorities of Slovakia attest that those qualifications have, on its territory, the same legal validity as Slovak qualifications in veterinary medicine as regards access in the veterinary profession and practice thereof. Such attestation shall be accompanied by a certificate issued by the same authorities stating that those Member States’ nationals have effectively and lawfully been engaged in the activity in question in the territory of Slovakia for at least three (3) consecutive years during the five (5) years prior to the date of issue of the certificate.

(j) In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in veterinary medicine were awarded by, or whose training started in, Estonia before the 20 August 1991, Malta shall recognise those veterinary diplomas, certificates and other evidence of formal qualifications in veterinary medicine as being sufficient proof if accompanied by a certificate issued by the Estonian authorities stating that those Member States’ nationals have effectively and lawfully been engaged in the activity in question in Estonia for at least five (5) consecutive years during the seven (7) years prior to the date of issue of the certificate.

(k) In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in veterinary medicine were awarded by, or whose training started in, the Yugoslavia before the 25th June 1991, Malta shall recognise those veterinary diplomas, certificates and other evidence of formal qualifications in veterinary medicine as being sufficient proof when the authorities of Slovenia attest that those qualifications have, on its territory, the same legal validity as Slovenian qualifications in the veterinary medicine as regards access in the veterinary profession and practice thereof. Such attestation shall be accompanied by a certificate issued by the same authorities stating that those Member States’ nationals have effectively and lawfully been engaged in the activity in question in the territory of Slovenia for at least three (3) consecutive years during the five (5) years prior to the date of issue of the certificate.

(l) In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in veterinary medicine were awarded by, or whose training started in, the former Yugoslavia before the 8th October 1991, Malta shall recognise those veterinary diplomas, certificates and other evidence of formal qualifications in veterinary medicine as being sufficient proof when the authorities of Croatia attest that those qualifications have, on its territory, the same legal validity as Croatian qualifications in veterinary medicine as regards access to the veterinary profession and practice thereof. Such attestation shall be accompanied by a certificate issued by the same authorities stating that those Member States’ nationals have effectively and lawfully been engaged in the activity in question in the territory of Croatia for at least three (3) consecutive years during the five (5) years prior to the date of issue of the certificate.